help these folks dealing with this. that's it for us at this hour. thanks so much for joining us once again. >> "legal view" with ashleigh banfield starts right now. > it's moving to the right. >> be prepared to take cover. severe weather threatening a third of the country for a third straight day. 29 people are dead. across six different states. and the storm system isn't done yet. also this hour, has flight 370 been found? a private high-tech search firm says it's found evidence of an airliner in the bay of bengal. thousands of miles from the current search site. so why aren't the ships and the planes on the way? and also, we're about to find out what the nba plans to do about that man, donald sterling.

how far can and will the league go to punish the embattled owner of the los angeles clippers? hello, everyone, i'm ashleigh banfield. it is thursday, april 29th. welcome to "legal view." 53 days into the mystery of flight 370, the search may once again be turning on its head. a private australian firm that specializes in sensing underground metals says it has detected telltale signs of an airplane and not just any airplane, a boeing 777. but it's not in the so-called southern arc where everyone's been looking for more on this a month. no, it's been southwest of that. it's southwest -- or rather, it's northwest of flight 370's last radar contact, way up in the bay of bengal, way up near bangladesh. cnn's will ripley has these tantalizing details from kuala lumpur, malaysia, and i'm also

joined by cnn aviation analyst, former royal air force pilot, colonel michael kay. will, first to you, more about this discovery, it's somewhat perplexing to say the least, especially where it was. who made the discovery, how they made the discovery, how serious is this? >> certainly an having development, although considering all the false leads we've had in this investigation, the mystery going on nearly eight weeks now. this australian private company, s georesonan georesonance, they were looking for aluminum first because a boeing 777 is about 70% aluminum. then they started looking for other metals you'd find in a 77 7, other traces of materials. that's how they zeroed into this area, 3,100 miles north of the current search zone. i want you to hear what the company spokesman says as he describes this process. >> the southern area doesn't seem logical to us at all. the pings coming from the

satellite is basically a 50/50 chance that it was heading on the northern corridor or the southern corridor. as it turned out, we found out afterwards. but we still say we could be right. we're not saying we've actually found mh-370. we have found what we think is a lead that should be investigated. we didn't want to go public at all. we were -- we're a large group of scientists. and we were being ignored. and we thought we had a moral obligation to get our findings out to the authorities. and they weren't answering e-mails or phone calls. and we feel so deeply for the relatives of the passengers and the crew on board mh-370 that we've never declared it is the aircraft, but what we've found is the wreckage of an aircraft. we believe to be an aircraft. we're very confident it is. and that lead should be followed up and dismissed or proven.

we have double-checked all of our findings. and we had a total of 23 scientists looking at the -- looking at the project. so we're very, very positive we've found something. and it may be down south, but we've definitely found something up north. >> here in malaysia, the acting transport minister says they're going to be working with their international partners to verify the credibility of this new information. the searchers down in australia are dismissing it, saying based on their satellite data, the mathematics, the physics they've been counting on, as they've conducted their search, they're confidence that mh-370 is sitting in the indian ocean in the area they're searching now, ashleigh. >> will, this timing, there's something to it, as i recall reading. this was actually information they had april 15th. we're talking about two weeks ago. is that correct? and why this long period of time and now this announcement from

this company? >> the final report came out on april 15th, ashleigh, but actually they first started alerting search crews about this in late march and early april. they said, hey, we think we have something here, you know, in the bay of bengal. this was several -- a couple weeks at least before the batteries of those black boxes would have run out and nobody went there and searched. >> all right, will ripley, stand by for a moment. colonel kay, you and i have had lengthy conversations about inmarsat technologies and a myriad of different experts from around the world who have analyzed and done everything with this data and along comes david pope from georesonance with something entirely different and he says it doesn't sound logical at all. >> like most theories we've seen in the some 54 days, there's enough evidence on the table to have a look at it. this is certainly something that needs looking at. however, a word of caution, let's just have a look at some of the considerations of why it

might be and why it might not be. why it might not be. this company looks at chemical elements and materials below the surface with airborne technologies and it's found materials commensurate with 777. >> titanium, aluminum, copper and steel. >> they make up the constituents of a 777. so that's compelling. right. let's look at the holes in the argument. there are some big brains involved in this investigation from the ntsb, from the atsb. they must have a look at this evidence to corroborate it. they must be confident it's at least worth deploying some sort of asset up there. that's the first thing that we must do. this georesonance data must be shared with all of the countries involved in the investigation. the next bit is the 6 1/2 handshakes. we kind of know the jet was working for about 6 1/2 hours. now, does that northern arc,

does it relate to the possible endurance the aircraft would have had to have been? i think it comes short a little. the last bit for me is what i always look at, where's the radar data? what did india see? what did bangladesh see? it's close enough to land where radar would have picked this up. i would like to corroborate what we've got, look at the exact location, look at all the evidence that might support sending some assets there. because at the moment, we've got no evidence. >> the investigators said this is based on testable physics in mathemati mathematics. i'd like to see georesonance tests and perhaps that will be forthcoming in the days to come. we are covering other major stories. the nba expected to announce its plan for clippers owner donald sterling. that's a little less than two hours from now. so have you wondered what teeth the nba has when it compaes to

this situation? what are the powers within that secret charter, its constitution? we've got the articles, the actual facts, the things that man can face and the things the nba can compel him to do. no choice, compel. it's coming up.

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one after the other, the l.a. clipper sponsors and advertisers are out of there. they're jumping ship in response to owner donald sterling's alleged racist remarks. if you want to see the list, i got that for you. at least 12 major companies. just take a peek at your screen.

they're all saying they're dropping or they are suspending their sponsorship, their relationships, with the clippers. car max, virgin america airline, state farm, red bull, sprint, amtrak, kia, and the chumash casino resort. that's just two day. who knows what day three, four, five and beyond will bring. cnn's business correspondent christine romans is the person to ask. this is a i want to say partial list now, because people have a lot work to do before they make big decisions. work with me on just this big 12. what does this mean? >> they don't want the brand association with the owner of the clippers. many of these companies have said they support the clippers. they support the players. they don't support the words of the owner. so it's pressure on the owner. a lot of these are sponsorships and it's money already paid, by

the way. for things like having your car at a game, for having banners, your logo on t-shirts. the big money, the big money is in the tv broadcast. >> i want to get there in a second, but let me ask, all of those -- that may be very noble. they may have to pony up anyway. these people signed contracts, right? >> yes, many have said they're suspending their relationship. if he were to step down, if he were to somehow maybe divest ownership and pass it on to his children or somebody else, maybe then these sponsors want to be affiliated with the clippers. what a fantastic season for this team. >> i think in this world, a lot of people are looking at this list and say, take that, donald sterling. all these people are not going to pay you. not necessarily. it's these people that will lose out on the brand wreck negligence -- >> they don't want their brand to be aligned with his brand. people keep trying to compare it

with, say, paula deen or the "duck dynasty" issue. the difference here, the product is the team. the brand is not donald sterling. the brand is this team. >> is the clippers. >> so how do you as a sponsor -- >> it all trickles down. really quickly, tv is where the big money's at. >> here's the big issue. this is the 13th most valuable team, in terms of market. it's tv ratings are 55%. this has been the best year since sterling's had the team, pretty much the best year. that's a story that is really told after 2:00 p.m. this afternoon when the nba decides. then you'll have very big decisions with very big money attached. >> i like to call this a man with a weight on his shoulders, the commissioner of the nba. >> donald sterling is a self-made -- >> yes, but -- >> if he did not own that team,

we would not know who he is. >> so 2:00, i think everyone's going to know. right here on cnn, we're going to go live to that press conference, the nba. we'll talk about the legal direction as well. just what that man can do with that weight on his shoulders. turns out there's a very significant constitution. they don't let you see it. but we have a peek at some of their articles. they are super specific. when you find out about that, you may have a peek into what's going to happen. also, we want to take you to tupelo, in mississippi, where the governor is going to be speaking there live as well. the devastation tearing through the southeast. it's not over yet. there is more dangerous weather threatening you potentially and your loved ones. keep your televisions on. listen carefully. if the warnings come, please take them seriously. i always say be the man with the plan

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right now, 75 million people in america are in the risk, in the area of a severe storm and possible tornadoes and that is the third straight day we've had to say that. the first two days claimed 29 lives in 6 different states. eight of them in mississippi. the tornado there, a powerful force, even storm chasers did not want to reckon with this one. >> oh, my god. no, no, no. no, no, no. stop. everyone listen. everyone listen.

>> hard to see the freight train but this is what it sounds like. about 90 miles northeast of jackson. >> okay, get east. turn around, turn around. back up, turn around. back up, turn around. >> so they did turn around. and they -- you know how the storm chasers say it, they got the hell out of there. about an hour and a half north in ptupelo, buildings were wipe away. the meteorologist at the tv station, wtva, just ordered his entire team live on the air to take cover as he bolted right in the middle of his report. >> this is a tornado ripping through the city of tupelo as we speak. and this could be deadly. let's go tower cam. >> basement, now. let's go. now.

>> folks, that is not drama. if you've ever lived or worked anywhere in tornado alley, as i have, it is serious, and people die. every year. the storm that rocked tupelo and hit a major hospital there is also on the move as well. meteorologist chad myers is watching the system carefully. actually tracking it. i'm catching you live in the car as you head up from tupelo, from the scene of the destruction, to tuscaloosa, alabama, where things could get dangerous as well. tell me what we're expecting there. >> we have a lot of sunshine and, ashleigh, that sounds like a good thing. it's a clear day, that's great, but, in fact, that's the exact opposite we want. the sunshine is heating the ground. the ground now is warming up the atmosphere it a atmosphere, and atmosphere is going to bubble. those bubbles turn into clouds. eventually, those storms can rotate, especially a day like today. rotating thunderstorms produce tornadoes. there will be tornadoes on the

ground today. a lot like yesterday. although yesterday was really an unbelievable day in my mind, where we take tornadoes, almost a 500-mile wide swath from north to south. think of it like a rake. all the tines of the rake. and mother nature just drug that rake across alabama, a half a mile wide tine. that's the damage we saw here, into louisville, into meridian, big-time damage there. we could see it today, a little further to the south, where the warm air hasn't moved, the cold air has moved to the east. the warm and the cold, that's the clash we're going to now. >> i'm looking at your image. every so often, the camera shot pushes to the forward view you're seeing. i recall so many times, chad, driving and seeing that, you know, moderately cloudy or sunny sky change to a sky that has a very edged black line. and there it is there. that image to the right of the screen right now.

when you start to see that and you're on the road, i never know what to do because the advice changes all the time. find an overpass. don't find an overpass. get in an alley. in a gully. don't get in a gully. what do people do to find shelter? >> yes. well, the very best thing you can do to protect yourself right now is to get a smart phone. probably everybody that's watching or at least most have a smart phone. the smart phone knows where you are. it's gps low it's kaing you, locating you, if you allow it. not because big brother wants to know where you are, it's because the computer program that issues the warnings on these small little apps knows where you are and they'll alert you the road you're on is about to drive into a tornado warning area and don't go there. that's the best thing, the safest thing you can do, is get one of those road bound apps. there are many of them out there. i'm not going to say one thing is better out there. but there's actually the national weather service that does the same thing. and an alarm goes off.

that's something you can do. if you're driving, if it's a big tornado, and the tornado -- you're going to get into it no matter what, honestly, i've seen so many cars that don't have places for people in them when they get done. there's just no room left. when the tornado has smashed that vehicle, you have to get out. if it's an f-0 or 1 and the wind's 80 miles per hour, the glass may break a little bit, but you will still be safer in here the weather service say beau hunkering down. make sure you have your seat belt on and getting down below the level the car, if you can, stop the karen the side of the road. >> the overpass business, that was the advice for so long, is that gone now, just quickly? oh, i don't think chad can hear that question. >> lost the cell phone, ashleigh, if you're still listening to me, because we just drove through the damage area. >> he couldn't hear my question. you know what, google this, because there's a lot of competing wisdom on whether you should crouch into one of those overpasses or not. some says it's very good

protection, others say it's death warrant. when i come into work in the morning, it's very, very early. i keep asking, what is the nba charter say about a guy like mr. sterling? what kind of rulings are out there? it turns out, they're kind of secret. this highlighted piece of paper, don't look now, i'm going to tell you all about it. there are actual provisions that pertain exactly to the issue. artic articles, rules, things that compel mr. sterling to take a seat next to those who matter like the commissioner and answer the questions truthfully. the implications can be career ending. we're going to explain next. across america, people are taking charge of

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diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need... ask your doctor about non-insulin victoza. it's covered by most health plans. welcome back. we're just a couple hours away from learning the fate of l.a. clippers owner donald sterling for allegedly making racist comments. the nba commissioner adam silver is set to hold a news conference at 2:00 p.m. eastern about the racial rant and any kind of punishment that might be expected. but will anything that he can do be enough? depends on who you ask. some people want that man's head, literally. joining me is cnn's commentator mel robins. joining me to talk about the nba's range of legal posants and punishments for sterling is michael mccann, a legal analyst for "sports illustrated."

michael, first thing's first, we keep talking about, this is all allegations, because mr. sterling has not confirmed, nor denied, that that's him on the tape making those repulsive comments. but the nba can make him do that, can't they? >> they can, that's right, the nba has the ability to require an owner or an employee of a team to cooperate with the league investigation. one of the key powers of commissioner silver is the power to investigate. and if donald sterling doesn't comply, he can be sanctioned for that alone. plus the other things. >> by the way, if he doesn't, can the sanction be massive or if he refuses to comply, if he refuses to answer the question, is it sort of a limited option for the commissioner and the league? >> well, it there are really types of penalties. one is the fine. the fine would be sort of the least onerous -- probably would attract a lot of criticism. he's somewhere in the ballpark.

a fine ranging of $1 million for all of us would be the worst thing ever, for him, would be a drop in the bucket. the next thing up is a suspension. to me, that's the most likely outcome. in a suspension, sterling would be barred from any contact with the clippers. he wouldn't be able to talk to players, coaches, team personnel. he literally -- it would almost be akin to a restraining order. he would be excommunicated from his own team. he would still make money during that time, which will certainly attract some criticism. the last possible penalty is to expel him from the league. that, however, would likely trigger a legal issue, specifically a lawsuit. >> let me bring mel into this conversation. because we finally kind of know some of the actual articles of the constitution, what they say, what they cover, and what may end up being the bain of that

man's existence. the suspensions, under paragraph 24, i believe that's "i." this is something that cover -- stuff that's not super definable, like you cheated, you lied, we got you, that kind thing. this is the $2.5 million fine and this is the indefinite suspension, correct? >> right, and also they could suspend draft picks. basically silver has two different sections according to the bylaws reported by espn where he can take action. one of them says $2.5 million, suspension of draft picks and suspension of sterling himself. the other -- >> indefinite. >> yes. here's the other one. if he makes a statement having or designed to have an effect prejudicial or detrimental to the best interest of basketball, he can get a lifetime suspension. >> he still can own the team. >> this is a question i have for michael. >> fire away.

>> we're all talking about donald sterling, but what happens to shelly and his son-in-law eric who are also owners of the team? we're all focused on sterling. if they bring this action, does it affect the entire ownership or just him as an individual? >> yeah, it's a great question. my understanding is that any sanction that donald sterling faces would be limited to him, as he was the one who committed the wrongdoing. so his wife, shelly, his son-in-law, others in the family who are active in the organization. would be able to continue to run the team. >> so that brings up this whole suspension from being an owner of a franchise. because there are articles that cover that as well. whether this man is allowed to stay in the club. there are 30 members of that club, owners, and then there is adam silver, the commissioner. it's effectively a vote. there's procedure. there's evidence dentary procedure. >> yes, there's bylaws.

>> there's a vote. >> what's interesting, michael, if you want to weigh in, what it says according to the bylaws we saw reported by espn dated from '05 is the owners have powers as well. the owners could decide they want to vote him out. basically, the language is, if he fails to fulfill a contractual obligation such as has an effect on the nba or members adversely, my understanding is any single one of the 30 owners can initiate a charge. sterling has five days to respond. and then the commissioner can hold a hearing within ten days. and if three quarters of these owners vote him out, he's out. if two-thirds vote that they just want to fine him, then he's going to be fined. is that your understanding as well? >> that is my understanding. my understanding is also that donald sterling will likely argue, if that process plays out, that the language that's being quoted was designed for

financial impropriety, other aspects of running a team, not making racist comments essentially. the language wasn't designed for this type of situation. he'll argue for him to lose his team will be outside the provision and he will potentially fire a lawsuit over that. so there will be a breach of a contact and also an antitrust claim. i think the nba will tread carefully on this. i know there's some concern that the language is being quoted generally doesn't specifically apply to what he did. >> i love the fact the constitution's requirement has conduct of business on a reasonable and ethical level. i think you could really argue that in this particular case. we haven't even mentioned the leverage that those very strong, you know, articles hold, to just say, step down, sell the team, because you will lose. can you just put a pin in it and tell me, these are final, he can't challenge -- this is like

arbitration. whatever silver says, we're done. >> whatever silver says goes apparently. mr. silver is going to speak publicly about this. it might be one of the bigger watched news conferences in a very long time. we're not exactly clear what it is. he's going to say something. the ground swell is getting bigger and louder. we're digging even deeper into sterling and his past as an nba team owner and as a person. this is not his first run in with controversy over alleged racism or misogynist comments. we're going to take you into his history. specifically the lawsuits. help has spent a lot of money on very expensive lawyers. humans. even when we cross our "ts" and dot our "i's", we still run into problems. that's why liberty mutual insurance offers accident forgiveness with our auto policies. if you qualify, your rates won't go up

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well, so many people are outraged over l.a. clippers owner donald sterling's alleged

racist comments. certainly not everyone is surprised. amazed how many people have been hearing this for years. it's not his first troers involving race. if in fact, when you think about the kind money you've had to spend in your lifetime to deal with lawyers or settlements, you've got nothing on this man. randi kaye looks into allegations of racism against sterling that date back more than a decade. >> reporter: this how clippers owner donald sterling tries to show he cares about minorities. an ad in the "los angeles times" from 2011 celebrating black history month. trouble is, the event is slated for march 2nd. black history month is february. the event was designed to raise funds for underprivileged children. >> nobody ever quite figured out how the clippers were going to screen kids coming to games for their privilege level unless everybody who shows up that is black is supposed to be underprivileged. >> reporter: sterling's strained

relationship with minorities started before that. in '03 when 19 tenants sued sterling for discrimination, he was quoted by an employee explaining why a housing unit he owned had an owner. his explanation according to espn's pete e er ketling was, q, that's because of all the blacks in this building, they smell, they're not clean. later, the justice department sued him for housing discrimination. according to the lawsuit, sterling and his wife made statements that african-americans and hispanics were not desirable tenants. >> we allege they did not receive the apartments they applied for because of their racial background. >> reporter: in 2009, sterling settled the lawsuit, agreeing to pay victims nearly $3 million. that same year, all-star basketball legend elgin baylor took his former boss to court, claiming he was fired as clippers general manager because of his age and his race.

baylor not only accused sterling of paying him significantly less because he's black, but also claims sterling wanted the team to be composed of poor black kids from the south and a white head coach, similar to a southern plantation. he said sterling told him repeatedly he was guying these poor black kids an opportunity to make a lot of money. in court, claimed sterling brought women into the locker room while players were showering, allegedly commenting, look at those beautiful black bodies. a jury later rejected baylor's lawsuit. yet, despite all of that, in 2009, the naacp in los angeles honored sterling with a lifetime achievement award. the president of the l.a. chapter of the civil rights group tried to justify it by revealing that sterling gives as many as 3,000 tickets to youth groups for nearly every clippers home game. next month, sterling was set to receive another lifetime

achievement award from the naacp. but the group now says it will no longer give him that award. sterling likes awards. so much so, he takes out big newspaper ads congratulating himself. in one such ad published in 2006 in the "l.a. times" sterling pledged $50 million to a state of the art homeless project for families. eight years later, it has yet to be built. randi kaye, cnn, new york. >> well, maybe he thought he needed to hang on to that $50 million because the league can really come down hard on him with fines. i've got news coming in that's just right now -- we've been giving you the list of the different sponsers that have been jumping ship. adidas is joining that long list. there are 12 different sponsors that decided to part ways including car max, virgin america, state farm, red bull,

sprint, aqua hydrate, yokoma tire corporation. adidas decided no in arena signage, i'm being told, also no l.e.d. boards, no jumbotron anymore inside the clippers venue. yet again dropping like flies. we are told, though, those warm-up shirts that have been such a big deal in terms of the players and statements they've silently been making, turning those t-shirts inside out, dropping those warm-ups in the center the court, apparently the adidas logo will still be on those clothes. big announcement coming from commissioner adam silver. expected at 2:00 p.m. eastern time. a little over an hour 15 minutes from now. cnn has its cameras live trained. are you kidding? can't wait to hear what this man has to say. he holds a lot of cards. keep it right here on cnn. not only for that announcement,

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in just two days, tornadoes

have killed 29 people in this country and it is not over yet. 75 million people are right now under the threat of potential severe weather today. from a storm system that's already damaged or destroyed hundreds of homes including one in kansas where the family somehow survived. take a listen. >> this is where we were. this little bitty space right here. all of us. right here. i said go, go, go, and they all took off. we had time to make it 30 feet around the corner. we felt the house lift. my goodness, that's our whole lives. it could have been so much worse though. i'm thankful to have my babies and everybody's okay. >> yeah, thankful and lucky to be alive.

especially when i look at these images in athens, alabama. amid all the devastation, the american spirit prevailing. just unbelievable imagery. >> absolutely. these people are very determined to bounce back. you saw the american flag. now people are just picking through what's left of their home. seeing if they can rebuild. a lot of them have told us they're not really sure if they can. this is a neighborhood just off seven mile post road, just west of athens. this used to be a complex of single family homes and duplexes. i don't know if you can tell, but i'm pretty much in it. this home just got swept off its foundations. these things are called joists. they support the floors in these homes. but this floor and everything around it just got scraped away. i'm standing in the middle of this home. there were two people killed in a trailer park not far from

here. officials were telling people in manufactured, prefab homes that are of lighter material that they had to leave and most of them did. but even a home like this one that had a solid foundation, it just wasn't enough. you can see the devastation behind me. and they're just starting to rebuild, but not out of the woods yet. there are more storms coming. probably going to hit right at this spot in a couple of hours. >> all of that debris effectively becomes deadly projecti projectiles. just before i ask you, can you tell me about the home you're in? do you know if there were people in it at the time the storm hit or if they were okay? >> this particular home, i'm not sure of. i can tell you there were people in that home right there that had the roof blown off. it was a mother and her daughter, son-in-law and a baby were in that home. they all survived it. but they're just lucky to be alive today. they were very emotional. we're not sure if anyone was in this home. we're told some people in this

neighborhood did get out. they had a few minutes warning and they got out. they got to churches, other shelters. so this neighborhood didn't seem to experience the mass casualties that were felt elsewhere. there were some injuries. despite what you see here, most of the people in this neighborhood got out okay. >> again, if anybody's watching in that area, if the storms and the winds hit again, take shelter early. all of that stuff you're seeing is so deadly in its own right. thank you for that. reporting live for us from athens. if you want to help out, for those who have lost so much, you can do that. cnn will help you. just log on to cnn.com/impact. i want to ask you something about your telephone. just go searching through your phone for a moment. the things that you have in there. because you might be surprised at just how much information you carry with you at any given time in that teeny tiny little phone. can the police just search your

phone without a warrant? the justices are pretty darn interested in this one. in case you're wondering, got some answers for you, two big cases, in fact in front of the supreme court right now. both sides of the argument coming up next. if i told you that a free ten-second test

could mean less waiting for things like security backups and file downloads you'd take that test, right? well, what are you waiting for? you could literally be done with the test by now.

now you could have done it twice. this is awkward. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. sometimes the simplest questions make the toughest decisions. case in point, today, at the u.s. supreme court, actually, two cases in point from men who were charged, tried and convicted of serious crimes, but based in part of evidence that was taken from their cell phones, no search warrant granted or asked for. today, the justices who aren't exactly known for their technical savvy heard arguments, arguments pitting fourth amendment privacy rights against the need of police to preserve evidence and protect public

safety. a critical question in this day and age. our senior legal analyst is weighing in from washington, d.c. i compiled a very cursory list of what you and i and other people have on their smart phones. calendars, financial info, medical info, travel records, maybe some people with their last match.com date. that's a lot when you think about the police officer. that could change? >> it could, but i wouldn't bet on it. when you're arrested, it's quite clear that the police can pat you down for weapons. they can see what you're carrying. the question in this case is once they find that you have a phone, or some sort of electronic device, can they look at what's on the phone without getting a search warrant first? it's clear they can take whatever's in your pocket, substance, you know, objects.

but the question is can they look at the phone and this is the supreme court that is generally very pro law enforcement and my bet is they're going to say yes, that you don't need a warrant to look at the phone. >> they're all pro law enforcement, sure, i can buy that. they're also all pro cell phone. my guess is despite their age or their inclinations towards electronic data, they have smart phones, and i know there was a case not that long ago in which that hit home. something that hit home for them was a gps device that they were arguing over in 2011, the government lawyers made an argument that, you know, we track those drug dealers and you could get a gps device put on your phone too, mr. justices. they didn't like that. >> that was the case about whether putting a gps device on the car was the same thing as following the car. you don't need a warrant to follow a car down the street.

the question in that case was do you need a warrant to detach a gps device? the basic conclusion was yes, you do. you do need a warrant in most circumstances. this is a little different. this isn't just random people on the street being asked to serene der their cell phones. these are searches of people who have been arrested. i think the justices could easily think, that's not going to happen to me. it is true the police have a much wider latitude in searching people who have been arrested. which makes a certain amount of success. >> you've got to admit an 18th century phase, the fourth amendment, in today's day and age, when you can fit more be that the lunar lander had in a calculator, i mean, we are so different today. that has to apply. >> that's the challenge with the constitution. how to apply those principles long after they were written. >> and how strictly we should be

constructists, which is always the challenge for so many. thanks for joining us from washington. enjoy the argument. look forward to seeing you back here. jeffrey toobin joining us live. you know who else is going to join us live, wolf blitzer. he's going to take over. thanks for watching. right now, it's judgment day for the owner of the los angeles clippers. also right now, a major twist in the search for missing malaysia airlines flight 370. now a private company is saying it's found possible wreckage and it's nowhere near the area the search has been focusing on so far. right now, one-third of the united states bracing for more dangerous weather. it's coming from the same storm system that's already killed 29 people and ripped apart homes, trees, cars, all along the way.